Can You Sponsor an Out-of-Status Spouse in Canada?

Yes. In some cases, you can sponsor an out-of-status spouse in Canada. A special public policy allows certain spouses and common-law partners to apply for permanent residence from inside Canada despite not having valid temporary resident status. An applicant relying on this policy must generally wait until receiving approval in principle before applying for an open work permit and cannot work until that permit is approved.

However, this policy is limited. It does not automatically protect someone from removal, fix every immigration problem or guarantee that the application will be approved.

Before applying, the couple should review the applicant’s complete immigration history, any previous refusals and any contact with the Canada Border Services Agency.

What Does “Out of Status” Mean?

A person is out of status when they no longer have legal permission to remain in Canada as a visitor, student or worker.

For example, someone may become out of status because:

• their visitor status expired;
• their study permit expired;
• their work permit expired;
• they worked without authorization;
• they studied without authorization; or
• they did not follow the conditions of their stay in Canada.

A valid visitor visa in a passport is not the same as valid status inside Canada. A visa is mainly used to travel to Canada. The person’s immigration status determines how long they may remain in Canada and whether they may work or study.

When Can You Sponsor an Out-of-Status Spouse in Canada?

The application must normally be submitted under the Spouse or Common-Law Partner in Canada Class, often called inland sponsorship.

Under the public policy, the lack of valid status may be excused if it resulted from certain immigration violations.

The policy may cover someone who:

• remained in Canada after their visitor status, study permit or work permit expired;
• worked without authorization;
• studied without authorization;
• entered Canada without a required visa or immigration document; or
• entered without a valid passport or travel document, provided they obtain a valid document before permanent residence is granted.

The policy allows IRCC to process the permanent residence application despite these specific status problems. It does not mean the person immediately receives temporary resident status.

What Other Requirements Must Be Met?

The public policy only deals with certain status problems. The couple must still meet all the regular requirements for inland spousal sponsorship.

They must normally show that:

• they are legally married or qualify as common-law partners;
• their relationship is genuine and was not entered into mainly for immigration purposes;
• they live together in Canada;
• the sponsor is eligible to sponsor;
• the sponsorship and permanent residence applications are complete;
• all required family members have been declared; and
• the applicant is not inadmissible for another reason.

For a common-law sponsorship, the couple must normally prove that they lived together in a marriage-like relationship for at least 12 continuous months.

Getting married does not automatically give someone immigration status. A marriage certificate proves that the marriage took place, but the couple must still prove that their relationship is genuine and meet all other requirements.

What Does the Public Policy Not Cover?

The public policy is not a general solution for every immigration problem.

It does not automatically overcome issues involving:

• criminality or serious criminality;
• security concerns;
• misrepresentation or false information;
• fraudulent documents;
• returning to Canada after deportation without the required authorization;
• unresolved identity or passport problems; or
• certain removal or enforcement issues unrelated to the covered lack of status.

For example, if the applicant previously provided false information to IRCC, that issue is not automatically forgiven because the person married a Canadian citizen or permanent resident.

Any previous removal order, refugee claim, misrepresentation finding, criminal charge or contact with CBSA should be reviewed before the application is submitted.

Does Sponsorship Give the Applicant Status Right Away?

No.

Submitting a spousal sponsorship application does not immediately give the applicant temporary resident status. It also does not give them permission to work or study.

Instead, the public policy allows IRCC to process the inland permanent residence application even though the applicant does not currently have valid status.

This is different from restoring temporary resident status through a separate temporary residence application.

Can an Out-of-Status Spouse Get an Open Work Permit?

Possibly, but generally not immediately.

If the applicant has valid temporary resident status, maintained status or remains eligible for restoration, they may normally apply for a spousal open work permit after receiving the acknowledgement of receipt for the permanent residence application.

The process is different for someone who is already out of status and is relying on the spousal public policy.

That applicant must generally:

1. Submit the inland sponsorship and permanent residence application.
2. Wait for IRCC to approve the first stage of the application.
3. Receive an approval-in-principle letter.
4. Apply on paper for an open work permit.
5. Wait until the work permit is approved before beginning work.

The applicant must include the approval-in-principle letter and an explanation that they are applying on paper because they are out of status.

Receiving an acknowledgement of receipt does not allow an out-of-status applicant to work. Receiving approval in principle also does not, by itself, authorize work. The applicant must wait until the work permit is approved.

Does Sponsorship Stop Removal From Canada?

Not automatically.

Submitting a sponsorship application does not cancel a removal order or guarantee that CBSA will stop enforcement action.

Limited protections may apply in some cases and at certain stages of processing. However, these protections are not available in every situation.

The risks can be higher if the applicant:

• already has a removal order;
• has received a notice for a pre-removal interview;
• has been instructed to report to CBSA;
• has an outstanding immigration warrant;
• previously failed to attend a CBSA appointment; or
• submitted the sponsorship application only after removal arrangements had already started.

Anyone facing enforcement action should obtain advice immediately. Do not assume that filing a sponsorship application will automatically stop removal.

Can an Out-of-Status Applicant Travel Outside Canada?

Leaving Canada can be risky.

An inland application requires the applicant and sponsor to continue living together in Canada. If the applicant leaves Canada and is not allowed to return, the inland application may be affected and the couple may need to submit a new application under the Family Class.

A pending sponsorship application, approval-in-principle letter or open-work-permit application does not guarantee entry to Canada.

The applicant may also require a valid visitor visa or electronic travel authorization to return. Even with the correct travel document, the final decision about entry is made at the border.

An out-of-status applicant should obtain advice before travelling outside Canada.

What Should You Review Before Applying?

Before submitting an application, the couple should review:

1. When and why the applicant lost their status.
2. Whether the applicant worked or studied without authorization.
3. Every previous immigration application and refusal.
4. Whether the applicant ever provided incorrect or incomplete information to IRCC.
5. Any refugee claim, removal order or contact with CBSA.
6. Whether the sponsor is legally eligible to sponsor.
7. Whether the marriage or common-law relationship is legally valid.
8. Whether the couple has enough evidence to prove that the relationship is genuine.
9. Whether the applicant or a family member has another inadmissibility issue.
10. Whether inland sponsorship is the safest option based on the couple’s circumstances.

Living in Canada does not always mean that inland sponsorship is the only available option. However, the inland public policy is especially important for applicants who must rely on the exemption for certain status violations.

Related guide: Can You Apply for Outland Spousal Sponsorship From Inside Canada?

The Bottom Line

Being out of status does not automatically make spousal sponsorship impossible.

Certain spouses and common-law partners may still apply for permanent residence from inside Canada if their problem is limited to an overstay, unauthorized work or study, or another type of lack of status covered by the public policy.

However, sponsorship does not give the applicant immediate status or permission to work. An applicant relying on the public policy must generally wait for approval in principle before applying for an open work permit. They cannot work until the permit is approved.

The policy also does not automatically stop removal or fix criminality, misrepresentation or other inadmissibility problems.

If your spouse has overstayed, worked or studied without authorization, or may have a removal order, book a consultation before submitting the application. We will review the applicant’s immigration history, available options and possible risks.

Book a consultation with Vik Immigration Services

Frequently Asked Questions

Can I sponsor my spouse after they overstayed in Canada?

Possibly. Overstaying is one of the status problems that may be covered by the inland spousal public policy.

The applicant must still meet all other sponsorship requirements and must not be inadmissible for another reason.

Does getting married give my spouse legal status?

No. Marriage does not automatically give someone temporary resident status, permanent residence or permission to work.

Marriage makes it possible to apply under the spousal category, but the application must still be submitted and approved.

Can I sponsor my common-law partner if they are out of status?

Possibly.

The couple must normally prove that they lived together in a marriage-like relationship for at least 12 continuous months. They must also continue living together in Canada while the inland application is processed.

Can I sponsor my fiancé if they are out of status?

Canada does not have a fiancé sponsorship category.

The couple must qualify as legally married spouses or common-law partners before applying through the inland spousal sponsorship process.

Can an out-of-status spouse work while waiting?

Not unless they already have separate authorization to work.

An applicant relying on the out-of-status spousal public policy must generally wait for approval in principle and then apply for an open work permit. They cannot begin working until that permit is approved.

Does approval in principle allow the applicant to work?

No.

Approval in principle makes an out-of-status applicant eligible to apply for the open work permit. The applicant must still submit the work permit application and wait for approval before working.

Does filing a sponsorship application stop removal?

No. Filing a sponsorship application does not automatically cancel or suspend a removal order.

Limited protections may apply in certain circumstances, but anyone dealing with CBSA or facing removal should obtain urgent advice.

Is there a limit on how long the applicant can have been out of status?

The spousal public policy does not establish a specific maximum period for an overstay.

However, remaining in Canada without status can create enforcement and other practical risks. The couple should not delay obtaining advice simply because the public policy may apply.

Related Vik Immigration Guides

• Outland Spousal Sponsorship From Inside Canada
• Can You Sponsor Your Spouse While Receiving Welfare or Disability Benefits?
• Why Spousal Sponsorship Applications Get Refused

Official Sources

• IRCC: Spouses or common-law partners in Canada without legal immigration status
• IRCC: Complete guide to sponsoring a spouse or partner
• IRCC: Open work permits for sponsored spouses and partners
• Immigration and Refugee Protection Regulations: Spouse or Common-Law Partner in Canada Class

This article provides general information only and is not legal advice. Immigration laws, policies and procedures may change. Advice should be based on the facts and documents in the individual case.